← Library
Bombay High CourtWP/6291/2020disposed off

Dipak Parkash Dutte v. The State Of Maharashtra And Others

2024-08-30Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade69 pages

2024:BHC-AUG:20574-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1 WRIT PETITION NO. 1913 OF 2024 NAVNATH BHASKAR DIVE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 2 WRIT PETITION NO. 2139 OF 2024 PANDHARINATH RANGNATH YADAV AND ANOTHER THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 3 WRIT PETITION NO.10540 OF 2021 NETAJI MAHADEV SALUNKE AND ANOTHER THE STATE OF MAHARASHTRA, THR. ITS SECRETARY AND OTHERS WITH CIVIL APPLICATION NO. 4920 OF 2024 IN RAST/4472/2023 ZILLA PARISHAD THROUGH ITS CHIEF EXECUTIVE OFFICER OSMANABAD NETAJI MAHADEV SALUNKE AND OTHERS AND 4 WRIT PETITION NO. 4891 OF 2020 RAKESH SURESH PAWAR THE STATE OF MAHARASHTRA AND OTHERS

(2) AND 5 WRIT PETITION NO. 6236 OF 2020 PRAKASH SHANKAR MAHALE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 6 WRIT PETITION NO. 6759 OF 2020 KAILAS BHIKANRAO TAYADE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 7 WRIT PETITION NO. 3703 OF 2021 JANGLU GOMA BHIL THE STATE OF MAHARASHTRA AND OTHERS AND 8 WRIT PETITION NO. 4489 OF 2021 NARESH PRAKASHRAO DESHMUKH AND ANOTHER THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 9 WRIT PETITION NO. 4817 OF 2020 HAJIMIYA NASIR AHMED SHAIKH THE STATE OF MAHARASHTRA AND OTHERS AND

(3) 10 WRIT PETITION NO. 4838 OF 2020 SOMNATH CHHAGANRAO HAKAM THE STATE OF MAHARASHTRA AND OTHERS AND 11 WRIT PETITION NO. 4845 OF 2020 ANNASAHEB ASARAM DAHIHANDE THE STATE OF MAHARASHTRA AND OTHERS AND 12 WRIT PETITION NO. 4847 OF 2020 ASLAMKHA ISAK PATHAN THE STATE OF MAHARASHTRA AND OTHERS AND 13 WRIT PETITION NO. 4863 OF 2020 AMIN DILAVARKHA PATHAN THE STATE OF MAHARASHTRA AND OTHERS AND 14 WRIT PETITION NO. 4901 OF 2020 SAYYED ANIS SAYYED INUS THE STATE OF MAHARASHTRA AND OTHERS AND 15 WRIT PETITION NO. 5014 OF 2020 VIKAS POPAT KASHID THE STATE OF MAHARASHTRA AND OTHERS

(4) AND 16 WRIT PETITION NO. 5015 OF 2020 AMIR PASHA GULAB PASHA MULLA THE STATE OF MAHARASHTRA AND OTHERS AND 17 WRIT PETITION NO. 5237 OF 2020 SURESH SUKHDEO GAWANE THE STATE OF MAHARASHTRA AND OTHERS AND 18 WRIT PETITION NO. 5248 OF 2020 DARASING HIRALAL RATHOD THE STATE OF MAHARASHTRA AND OTHERS AND 19 WRIT PETITION NO. 5419 OF 2020 SHAIKH NOOR SHAIKH THE STATE OF MAHARASHTRA AND OTHERS AND 20 WRIT PETITION NO. 5421 OF 2020 SHAIKH ALLADDIN SHAIKH MUNIR THE STATE OF MAHARASHTRA AND OTHERS AND 21 WRIT PETITION NO. 5429 OF 2020 JUBER JAMIR SHAIKH AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS

(5) AND 22 WRIT PETITION NO. 5432 OF 2020 SHAIKH IRFAN SHAIKH BABU THE STATE OF MAHARASHTRA AND OTHERS AND 23 WRIT PETITION NO. 5433 OF 2020 VIJAY SHIVDAS BHALERAO THE STATE OF MAHARASHTRA AND OTHERS AND 24 WRIT PETITION NO. 5434 OF 2020 ASEF AHMAD SHAIKH THE STATE OF MAHARASHTRA AND OTHERS AND 25 WRIT PETITION NO. 5436 OF 2020 GANESH NATHURAM KHODPE THE STATE OF MAHARASHTRA AND OTHERS AND 26 WRIT PETITION NO. 5438 OF 2020 TIKARAM MITRAM JADHAV THE STATE OF MAHARASHTRA AND ANOTHER AND 27 WRIT PETITION NO. 5439 OF 2020 ZAHIR KADIR BEG THE STATE OF MAHARASHTRA AND OTHERS

(6) AND 28 WRIT PETITION NO. 5442 OF 2020 SHIVAJI VITTHAL JAGTAP THE STATE OF MAHARASHTRA AND OTHERS AND 29 WRIT PETITION NO. 5444 OF 2020 DATTA NANASAHEB LAHANE THE STATE OF MAHARASHTRA AND OTHERS AND 30 WRIT PETITION NO. 5446 OF 2020 AMOL MAHADEV MALI AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS AND 31 WRIT PETITION NO. 5600 OF 2020 JAVED SHAKUR PATEL THE STATE OF MAHARASHTRA AND OTHERS AND 32 WRIT PETITION NO. 5601 OF 2020 MAHADEV UTTAM FULWALE THE STATE OF MAHARASHTRA AND OTHERS AND 33 WRIT PETITION NO. 5602 OF 2020 BALRAM VISHNU SALUNKE THE STATE OF MAHARASHTRA AND OTHERS

(7) AND 34 WRIT PETITION NO. 5603 OF 2020 SUDHAKAR MANSUBRAO BODKHE THE STATE OF MAHARASHTRA AND OTHERS AND 35 WRIT PETITION NO. 5604 OF 2020 FEROJ SHERKHAN PATHAN THE STATE OF MAHARASHTRA AND OTHERS AND 36 WRIT PETITION NO. 5606 OF 2020 BADALBEG KAMLBEG MOGAL THE STATE OF MAHARASHTRA AND OTHERS AND 37 WRIT PETITION NO. 5607 OF 2020 VIKAS BIBHISHAN NIKAM THE STATE OF MAHARASHTRA AND OTHERS AND 38 WRIT PETITION NO. 5608 OF 2020 DADA SHIVMURTI GADHVE THE STATE OF MAHARASHTRA AND OTHERS AND 39 WRIT PETITION NO. 5609 OF 2020 SUNIL NARAYAN LAHANE THE STATE OF MAHARASHTRA AND OTHERS

(8) AND 40 WRIT PETITION NO. 5610 OF 2020 SHIVAJI PANDURANG ADSUL THE STATE OF MAHARASHTRA AND OTHERS AND 41 WRIT PETITION NO. 5611 OF 2020 MAULA HUSAN TAMBOLI THE STATE OF MAHARASHTRA AND OTHERS AND 42 WRIT PETITION NO. 5612 OF 2020 JIYAUDDIN GIYASUDDIN KAZI THE STATE OF MAHARASHTRA AND OTHERS AND 43 WRIT PETITION NO. 6233 OF 2020 VIJAY LAXMAN GAIKWAD THE STATE OF MAHARASHTRA AND OTHERS AND 44 WRIT PETITION NO. 6235 OF 2020 DHANRAJ SHIVJI SONWANE THE STATE OF MAHARASHTRA AND OTHERS AND 45 WRIT PETITION NO. 3702 OF 2021 UDHAV TOTARAM AUTE AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS

(9) AND 46 WRIT PETITION NO. 3705 OF 2021 KAILAS TUKARAM MARKATE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 47 WRIT PETITION NO. 3706 OF 2021 DYANESHWAR LAXMAN KADAM AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 48 WRIT PETITION NO. 3707 OF 2021 SANTOSH SAJJAN GHULE THE STATE OF MAHARASHTRA AND OTHERS AND 49 WRIT PETITION NO. 4021 OF 2021 ATISH SHRIHARI KAMBLE AND OTHERS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 50 WRIT PETITION NO. 4023 OF 2021 GOVIND DASHRATH INGALE AND OTHERS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS

(10) AND 51 WRIT PETITION NO. 4480 OF 2021 RAJESH DHONDIRAM KAMBLE THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 52 WRIT PETITION NO. 4482 OF 2021 SAYYED AKHEEL SAYYAD TALEED THE STATE OF MAHARASHTRA AND OTHERS AND 53 WRIT PETITION NO. 4483 OF 2021 PADMAKAR KONDIBA RAHIRE AND OTHERS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 54 WRIT PETITION NO. 4484 OF 2021 SHIVSHANKAR MOTIRAM WAIPANKAR AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS AND 55 WRIT PETITION NO. 4487 OF 2021 SANTOSH PRAKASH MORE THE STATE OF MAHARASHTRA AND OTHERS AND

(11) 56 WRIT PETITION NO. 4488 OF 2021 LAXMAN RAOSAHEB KADAM THE STATE OF MAHARASHTRA AND OTHERS AND 57 WRIT PETITION NO. 4490 OF 2021 SHIVGIR VITTHAL GIRI AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 58 WRIT PETITION NO. 4493 OF 2021 TUKARAM RAMRAO PARSE THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 59 WRIT PETITION NO. 4494 OF 2021 ARUN UDDHAV MADKE AND OTHERS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 60 WRIT PETITION NO. 5492 OF 2022 SANTOSH SAJJAN GHULE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND

(12) 61 WRIT PETITION NO. 10132 OF 2022 DADASAHEB JAYWANTRAO GIDDHE THE STATE OF MAHARASHTRA AND OTHERS AND 62 CONT. PETITION NO. 183 OF 2024 IN RA/137/2023 SHAM UMARAV PATIL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 148 OF 2024 SHANTILAL VASANT RATHOD AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 134 OF 2024 SHYAM PANDURANGJI BARDE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 133 OF 2024 MANISH MADHUARRAO CHAWRE AND OTHERS SHRI AVISHYANT PANDA THE CHIEF EXECUTIVE OFFICER WITH CONT. PETITION NO. 184 OF 2024 IN RA/139/2023

(13) RAJARAM SOPAN PACHPANDE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 656 OF 2023 IN RA/145/2023 FIROZ KHAN AFZAL KHAN THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 651 OF 2023 IN RA/136/2023 DIPAK PRAKASH DUTTE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 658 OF 2023 IN RA/27/2023 BALRAM VISHNU SALUNKE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 659 OF 2023 IN RA/71/2023 SHIVAJI VITTHAL JAGTAP THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 716 OF 2023 IN RA/58/2023 VIKAS POPAT KASHID

(14) THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 735 OF 2023 IN RA/150/2023 MILIND GOPICHAND TAYADE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 741 OF 2023 IN RA/18/2023 SOMNATH CHHAGANRAO HAKAM THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 754 OF 2023 IN RA/67/2023 SANTOSH PRAKASH MORE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 752 OF 2023 IN RA/20/2023 ZAHIR KADIR BEG THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 742 OF 2023 IN RA/140/2023 SHARAD RAMKRUSHNA WAGH

(15) THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 748 OF 2023 IN RA/143/2023 SALIM HAFEJ PATEL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 736 OF 2023 IN RA/68/2023 MAHADEV UTTAM FULWALE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 647 OF 2023 IN RA/52/2023 DATTA NANASAHEB LAHANE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 738 OF 2023 IN RA/22/2023 SHAIKH ALLADIN SHAIKH MUNIR THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 750 OF 2023 IN RA/29/2023 SUNIL NARAYAN LAHANE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY

(16) WITH CONT. PETITION NO. 737 OF 2023 IN RA/14/2023 SHAIKH IRFAN SHAIKH BABU THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 727 OF 2023 IN RA/53/2023 SHIVAJI PANDURANG ADSUL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 724 OF 2023 IN RA/61/2023 TIKARAM MOTIRAM JADHAV THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 733 OF 2023 IN RA/130/2023 KISHOR GOPAL KOLTE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 730 OF 2023 IN RA/148/2023 PRAVIN DEVIDAS MAGRE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH

(17) CONT. PETITION NO. 739 OF 2023 IN RA/63/2023 FEROJ SHERKHAN PATHAN THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 535 OF 2022 IN WP/6765/2020 GOPAL DILIPSING GIRASE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 543 OF 2022 IN WP/5426/2020 SAGAR DINESH JADHAV THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 753 OF 2023 IN RA/72/2023 TUKARAM RAMRAO PARSE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 740 OF 2023 IN RA/24/2023 SURESH SUKHDEO GAWANE THE STATE OF MAHARASHTRA THROUGH IT SECRETARY

(18) WITH CONT. PETITION NO. 759 OF 2023 IN RA/15/2023 SHAIKH NOOR SHAIKH THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 758 OF 2023 IN RA/25/2023 VIJAY SHIVDAS BHALERAO THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 747 OF 2023 IN RA/34/2023 DARASING HIRALAL RATHOD THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 186 OF 2024 IN WP/6235/2023 JAVED MANOJ TADVI THE UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF HEALTH AND FAMILY WELFARE WITH CONT. PETITION NO. 151 OF 2024 DHAVALU CHANDRA KAMODI AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

(19) WITH CONT. PETITION NO. 152 OF 2024 PRABHAKAR SUKDEO SHELAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 652 OF 2023 IN RA/17/2023 JAVED SHAKUR PATEL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 130 OF 2024 ABDUL RAHUF AYUB SHEKH AND OTHERS MR SHRIKRISHNANATH B. PACHAL THE CHIEF EXECUTIVE OFFICER WITH CONT. PETITION NO. 128 OF 2024 KAILASH PRAKASH MORE AND OTHERS SAURABH KATIYAR THE CHIEF EXECUTIVE OFFICER AKOLA WITH CONT. PETITION NO. 197 OF 2023 IN WP/5435/2020 SHAIKH SHABANJ A. JABBAR SHAIKH THE STATE OF MAHARASHTRA AND OTHERS WITH

(20) CONT. PETITION NO. 542 OF 2022 IN WP/5811/2020 LAXMAN DILVARSING NAIK THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 538 OF 2022 IN WP/5431/2020 SOMA BHILA KOKANI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 541 OF 2022 IN WP/4892/2020 PAWAN BHASKAR PATIL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 545 OF 2022 IN WP/4473/2020 RAHUL BRIJALAL KOLI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 540 OF 2022 IN WP/5809/2020 KARANSING VANASING PADVI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

(21) WITH CONT. PETITION NO. 800 OF 2022 IN WP/4478/2021 BHAGWANT DAGA WAGH AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 734 OF 2023 IN RA/35/2023 AMIN DILAVARKHA PATHAN THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 725 OF 2023 IN RA/30/2023 KAILAS TUKARAM MARKATE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 756 OF 2023 IN RA/144/2023 NARESH PRAKASHRAO DESHMUKH THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 746 OF 2023 IN RA/328/2022 PADMAKAR KONDIBA RAHIRE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY

(22) WITH CONT. PETITION NO. 802 OF 2022 IN WP/4495/2021 GAJENDRA BANSILAL GIRASE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 655 OF 2023 IN RA/37/2023 ASLAMKHA ISAK PATHAN THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 643 OF 2023 IN RA/141/2023 ASHOK PUNDLIK BADGUJAR THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 646 OF 2023 IN RA/74/2023 BADALBEG KAMLBEG MOGAL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 726 OF 2023 IN RA/21/2023 ASEF AHMED SHAIKH THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY

(23) WITH CONT. PETITION NO. 755 OF 2023 IN RA/152/2023 PRAKASH SHANKAR MAHALE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 721 OF 2023 IN RA/329/2022 SAYYAD AKHEEL SAYYAD TALEED THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 715 OF 2023 IN RA/62/2023 JUBER JAMIR SHAIKH THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 714 OF 2023 IN RA/59/2023 VIKAS BIBHISHAN NIKAM THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 138 OF 2024 ANKUL VASUDEVRAO THAKARE AND OTHERS VAISHNAVI B THE CHIEF EXECUTIVE OFFICER AKOLA WITH

(24) CONT. PETITION NO. 135 OF 2024 MANGESH WASUDEV THAKRE SHRI AVISHYANT PANDA THE CHIEF EXECUTIVE OFFICER WITH CONT. PETITION NO. 129 OF 2024 UMESH PUNDALIKRAO GUGHUNE AND OTHERS THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD DR MAINAK GHOSH WITH CONT. PETITION NO. 139 OF 2024 DATTA KRISHNARAO HIWRALE ARATI L. KULWAL THE MEDICAL SUPERINTENDENT WITH CONT. PETITION NO. 150 OF 2024 ANATRAO BHIMRAO MUNDHE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 153 OF 2024 CHETAN ASARAM JADHAV AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH

(25) CONT. PETITION NO. 534 OF 2022 IN WP/4486/2021 MANOJ KAILASH GAVIT AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 533 OF 2022 IN WP/5430/2020 ANAVARSING DHARAMSING PADVI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 539 OF 2022 IN WP/5427/2020 GANESH MOTILAL RANE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 801 OF 2022 IN WP/4496/2021 BHARAT ANANDA PATIL AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 536 OF 2022 IN WP/5813/2020 BHARAT GANPAT PADVI

(26) THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 537 OF 2022 IN WP/5821/2020 NARENDRA FUKYA TADVI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 516 OF 2023 IN WP/4312/2023 KIRAN SURESH PATIL THE UNION OF INDIA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 137 OF 2024 SANTOSH SITARAM SHANKE BHAGYASHREE DILIP VISPUTE WITH CONT. PETITION NO. 132 OF 2024 PARMESHWAR GANPAT HAGWANE AND ORS SHRIKRISHANNATH B PANCHAL WITH CONT. PETITION NO. 757 OF 2023 IN RA/151/2023 KAILAS BHIKANRAO TAYADE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY

(27) WITH CONT. PETITION NO. 745 OF 2023 IN RA/23/2023 VIJAY LAXMAN GAIKWAD THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 131 OF 2024 SHIVSHANAR NARAYAN GHATE AND ORS BHAGYASHREE DILIP VISPUTE WITH CONT. PETITION NO. 127 OF 2024 MANOHAR HANIF GHATTE AND ANR BHAGYASHREE DILIP VISPUTE WITH CONT. PETITION NO. 136 OF 2024 PRATAP MOHAN CHAVAN AND ORS BHAGYASHREE DILIP VISPUTE WITH CONT. PETITION NO. 731 OF 2023 IN RA/38/2023 DNYANESHWAR LAXMAN KADAM THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH

(28) CONT. PETITION NO. 654 OF 2023 IN RA/16/2023 ANNASAHEB ASARAM DAHIHANDE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 719 OF 2023 IN RA/132/2023 SHARAD ANAND KOLI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 743 OF 2023 IN RA/142/2023 VIJAY HILAL NERE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 149 OF 2024 NAVNATH KISAN NAVALE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 143 OF 2024 NIKETAN NANDKUMAR SURTE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH

(29) CONT. PETITION NO. 517 OF 2023 IN WP/3701/2021 NILESH LAXMAN SHELKE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 514 OF 2023 IN RA/51/2023 DHANRAJ SHIVAJI SONAWANE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 713 OF 2023 IN RA/325/2022 GOVIND DASHRATH INGALE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 144 OF 2024 ATISH JAYWANT NAIK AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 142 OF 2024 VASANT HIRALAL GURODA AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH

(30) CONT. PETITION NO. 154 OF 2024 BHAUSAHEB PANDHARINATH GUDGHE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 146 OF 2024 VIKAS BALKRUSHNA MALKAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 226 OF 2022 IN WP/6231/2020 AMBAJI CHATRSING PAWARA AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WITH CONT. PETITION NO. 232 OF 2022 IN WP/6232/2020 KAKDYA DAMNYA RAUT AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WITH CONT. PETITION NO. 231 OF 2022 IN WP/5445/2020 SURUPSING DHARAMSING PADVI AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WITH

(31) CONT. PETITION NO. 531 OF 2022 IN WP/5437/2020 AAHAMAD BISMILLA PINJARI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 544 OF 2022 IN WP/5441/2020 HEMRAJ SATTAR SINGH TADVI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH CONT. PETITION NO. 610 OF 2022 IN WP/5428/2020 SHARAD BAPUJI PADAVI THE STATE OF MAHARASHTRA AND OTHERS WITH CONT. PETITION NO. 518 OF 2023 IN RA/324/2022 SHIVGIR VITTHAL GIRI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 515 OF 2023 IN RA/32/2023 UDDHAV TOTARAM AUTE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY

(32) WITH CONT. PETITION NO. 653 OF 2023 IN RA/31/2023 SANTOSH SAJJAN GHULE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 645 OF 2023 IN RA/60/2023 ARUN UDDHAV MADKE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 644 OF 2023 IN RA/73/2023 AMOL MAHADEV MALI THE STATE OF MAHARASHTRA THOUGH ITS SECRETARY WITH CONT. PETITION NO. 642 OF 2023 IN WP/7252/2020 BHAIYA DINKAR PATIL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 648 OF 2023 IN RA/70/2023 DADA SHIVMURTI GHADHVE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH

(33) CONT. PETITION NO. 657 OF 2023 IN RA/146/2023 BHARAT BAPU CHAUDHARI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 729 OF 2023 IN RA/33/2023 SUDHAKAR MANSUBRAO BODKHE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 760 OF 2023 IN RA/135/2023 GAJANAN RAGHUNATH BARI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 744 OF 2023 IN RA/138/2023 KIRAN PRAKASH BORSE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 717 OF 2023 IN RA/131/2023 RAJU LAXMAN SAPKLE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH

(34) CONT. PETITION NO. 728 OF 2023 IN RA/134/2023 KUNAL MANGESH KOLI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 749 OF 2023 IN RA/133/2023 JANGLU GOMA BHIL THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 732 OF 2023 IN RA/36/2023 GANESH NATHURAM KHODPE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 720 OF 2023 IN RA/69/2023 HAJIMIYA NASIR AHMED SHAIKH THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 751 OF 2023 IN RA/65/2023 MAULA HUSAN TAMBOLI THE STATE OF MAHARASHTRA THOUGH ITS SECRETARY WITH

(35) CONT. PETITION NO. 722 OF 2023 IN RA/327/2022 SHIVSHANKAR MOTIRAM WAIPANKAR THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY WITH CONT. PETITION NO. 718 OF 2023 IN RA/57/2023 JIYAUDDIN GIYASUDDIN KAZI THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND 63 CONT. PETITION NO. 243 OF 2024 MANSINGH POPAT KHARAT AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 64 WRIT PETITION NO. 1446 OF 2024 RAMESH KESHAV KAJALE AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND 65 WRIT PETITION NO. 1517 OF 2024 NAWABSHABBIR PIRKHAN KHAN AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

(36) AND 66 WRIT PETITION NO. 1518 OF 2024 VIKKY RAMESHRAO CHINCHEKAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 67 WRIT PETITION NO. 1519 OF 2024 BRAMHANAND DHARMA GORADWAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 68 WRIT PETITION NO. 1520 OF 2024 PRAFUL ANIL ITKELWAR AND ORS THE STATE OF MAHARASHTRA AND ORS AND 69 WRIT PETITION NO. 1521 OF 2024 TEJAS ARUNRAO INGALKAR AND ORS THE STATE OF MAHARASHTRA AND ORS AND 70 WRIT PETITION NO. 1537 OF 2024 KISHOR MAHADEV MALUSARE AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND

(37) 71 WRIT PETITION NO. 1544 OF 2024 SANTOSH VASANTRAO CHARLEWAR AND ORS THE ZILLA PARISHAD CHANDRAPUR THR ITS CHIEF EX. OFFICER AND ORS AND 72 WRIT PETITION NO. 2212 OF 2024 PREM PUNDLIK KADAV THE STATE OF MAHARASHTRA AND OTHERS AND 73 WRIT PETITION NO. 2214 OF 2024 UMESH NARAYAN SARVADE THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND 74 WRIT PETITION NO. 2215 OF 2024 KAMLESH DHAKAL THAKHNE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 75 WRIT PETITION NO. 2216 OF 2024 KARAN SANJAY LOKHANDE AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND

(38) 76 WRIT PETITION NO. 2217 OF 2024 MAHESH TUKARAM SURAVASE THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND 77 WRIT PETITION NO. 2218 OF 2024 WASHIM SHAHID SHAIKH AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND 78 WRIT PETITION NO. 2219 OF 2024 YOGESH BABAN PATIL AND ANR THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND 79 WRIT PETITION NO. 2220 OF 2024 SACHIN MADHUKAR JADHAV THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND 80 WRIT PETITION NO. 3683 OF 2024 GAJANAN DATTARAO KHAMBALE AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND

(39) 81 WRIT PETITION NO. 3685 OF 2024 PRADIP NANA KUGE AND OTHERS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND OTHERS AND 82 WRIT PETITION NO. 3689 OF 2024 SACHIN PRAMOD THAKRE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 83 WRIT PETITION NO. 3690 OF 2024 RAVINDRA SAKHARAM CHAUDHARI AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 84 WRIT PETITION NO. 4188 OF 2024 SANTOSH RAMCHANDRA SHINDE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 85 WRIT PETITION NO. 4189 OF 2024 SAMADHAN SANJAY CHAUDHARI AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND

(40) 86 WRIT PETITION NO. 5007 OF 2024 ARUN NAVNATH PARKALE AND OTHERS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 87 WRIT PETITION NO. 9256 OF 2024 AVINASH ARUN RAUT AND ANOTHER THE UNION OF INDIA THR ITS SECRETARY AND OTHERS AND 88 WRIT PETITION NO. 101 OF 2020 BHIMRAO GOVINDRAO PATHADE THE STATE OF MAHARASHTRA AND OTHERS AND 89 WRIT PETITION NO. 5036 OF 2020 PATHAN IRFANKHAN DAUDKHAN THE STATE OF MAHARASHTRA AND OTHERS AND 90 WRIT PETITION NO. 4084 OF 2021 RAJARAM SOPAN PACHPANDE THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 6987 OF 2020 ASHOK PUNDLIK BADGUJAR THE STATE OF MAHARASHTRA AND OTHERS

(41) WITH WRIT PETITION NO. 7252 OF 2020 BHAIYA DINKAR PATIL THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 6291 OF 2020 DIPAK PARKASH DUTTE THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 8116 OF 2021 FIROZ KHAN AFZAL KHAN THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 6764 OF 2020 RAJU LAXMAN SAPKALE AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 6897 OF 2020 BHARAT BAPU CHAUDHARI AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 7102 OF 2020 KIRAN PRAKASH BORSE THE STATE OF MAHARASHTRA AND OTHERS

(42) WITH WRIT PETITION NO. 6237 OF 2020 KISHOR GOPAL KOLTE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 6898 OF 2020 SALIM HAFEJ PATEL THE STATE OF MAHARASHTRA AND OTHERS AND 91 WRIT PETITION NO. 10493 OF 2021 KISAN LAXMAN BORKAR THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH WRIT PETITION NO. 10553 OF 2021 DINESH BABARAO HAMBARDE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH WRIT PETITION NO. 10541 OF 2021 INDRASING GULABSINGH PANDHARE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH

(43) WRIT PETITION NO. 10546 OF 2021 GAJANAN BAJIRAO PAVADE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH WRIT PETITION NO. 10494 OF 2021 AKSHAY GOVIND JADHAV THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 92 WRIT PETITION NO. 10542 OF 2021 MAHESH DINKAR JADHAV AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 93 WRIT PETITION NO. 10544 OF 2021 RAM NARAYAN WAGH THE STATE OF MAHARASHTRA AND OTHERS AND 94 WRIT PETITION NO. 10562 OF 2021 KISAN SINGA VASAVE THE STATE OF MAHARASHTRA AND OTHERS AND

(44) 95 WRIT PETITION NO. 12083 OF 2021 DIPAK GANADHAR BAWANE THE STATE OF MAHARASHTRA AND OTHERS AND 96 WRIT PETITION NO. 832 OF 2022 UDDHAV DNYANOBA KALE AND OTHERS THE REVENUE MINISTER AND OTHERS AND 97 WRIT PETITION NO. 5489 OF 2022 SOMNATH CHHAGGANRAO HAKKAM THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 98 WRIT PETITION NO. 5490 OF 2022 ASLAMKHA ISAK PATHAN THE STATE OF MAHARASHTRA AND OTHERS AND 99 WRIT PETITION NO. 5493 OF 2022 UDHAV TOTARAM AUTE AND ANOTHER THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND

(45) 100 WRIT PETITION NO. 5506 OF 2022 SHAIKH NOOR SHAIKH THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 101 WRIT PETITION NO. 6450 OF 2022 GANESH LAXMAN TIDKE AND ANOTHER THE STATE OF MAHARASHTRA AND OTHERS AND 102 WRIT PETITION NO. 9230 OF 2022 DATTATRAY VITTHALRAO NAGTHAI AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO. 6476 OF 2022 JAYPAL ULHAS JADHAV AND OTHERS THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS WITH WRIT PETITION NO. 6475 OF 2022 SHARAD NARAYANRAO DEVARE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH

(46) WRIT PETITION NO. 6482 OF 2022 PARMESHWAR TUKARAM HANGE AND OTHERS THE STATE OF MAHARASHTRA AND OTHERS AND 103 WRIT PETITION NO. 3545 OF 2023 SUDHAKAR CHABURAO KAMBLE AND OTHERS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 104 WRIT PETITION NO. 4281 OF 2023 ANWAR CHANDPATEL SHAIKH AND OTHERS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 105 WRIT PETITION NO. 4358 OF 2023 SUMIT SHANTILAL RATHOD AND OTHERS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 106 WRIT PETITION NO. 10496 OF 2023 KAILASH EKNATH TELANGE AND OTHERS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND

(47) 107 WRIT PETITION NO. 10500 OF 2023 ASHOK PARMESHWAR CHANDAWAR AND ANOTHER THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 108 WRIT PETITION NO. 12693 OF 2023 BAJIRAO SHANKAR GITE THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 109 WRIT PETITION NO. 15063 OF 2023 NIMBA SHRIRAM PATIL AND ANOTHER THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 110 WRIT PETITION NO. 15141 OF 2023 KANTILAL FULSING MOTE AND ANOTHER THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS AND 111 WRIT PETITION NO. 337 OF 2024 GANESH ACHYUTRAO DHAVALE AND OTHERS THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND

(48) 112 WRIT PETITION NO. 357 OF 2024 PARMESHWAR APPARAO KAKDE AND OTHERS THE STATE OF MAHARASHTRA PUBLIC HEALTH DEPARTMENT AND OTHERS AND 113 WRIT PETITION NO. 526 OF 2024 BAPU ZUMBAR JADHAV AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH WRIT PETITION NO. 592 OF 2024 SANTOSH RAMESH SHELAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 114 WRIT PETITION NO. 1543 OF 2024 YOGESH VASANTRAO RAUT AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS WITH WRIT PETITION NO. 1539 OF 2024 MUSTAFA SHAMSHODDIN BIRAJADAR AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH

(49) WRIT PETITION NO. 1540 OF 2024 RAMESH BAPURAV SHINDE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS WITH WRIT PETITION NO. 1538 OF 2024 GHANSHYAM UTTAMGIR GIRI AND ORS THE UNION OF INDIA THR ITS SECRETARY AND ORS WITH WRIT PETITION NO. 1541 OF 2024 NARENDRA RAMKRUSHNA DHANDAR THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS WITH WRIT PETITION NO. 1542 OF 2024 PRAVIN VIJAY UMALE AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS WITH CIVIL APPLICATION NO. 5347 OF 2024 IN WP/1542/2024 PRAVIN VIJAY UMALE AND ORS THE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS AND

(50) 115 WRIT PETITION NO. 1760 OF 2024 RAVINDRA SADARAM TIDKE AND OTHERS STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 116 WRIT PETITION NO. 2143 OF 2024 BAPU VINAYAK THAKRE THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 117 WRIT PETITION NO. 2184 OF 2024 VINOD SHAMRAO WAGH THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 118 WRIT PETITION NO. 2301 OF 2024 RAMESH BABULAL MALI THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND 119 WRIT PETITION NO. 9280 OF 2024 SAYYAD FEROJ SAYYAD BASHIR AND ANOTHER THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS AND

(51) 120 CONT. PETITION NO. 147 OF 2024 SUBHASH CHANDAR SAPATE AND OTHERS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 121 CONT. PETITION NO. 354 OF 2024 RITESH ALIAS JEETU BABULAL CHAKRAVARTY AND OTHERS SMT. SOMYA SHARMA CHIEF EXECUTIVE OFFICER AND OTHERS AND 122 WRIT PETITION NO.4499 OF 2021 GANESH PANDIT BETKAR AND OTHERS THE STATE OF MAHARASHTRA, THR. ITS SECRETARY AND OTHERS WITH CIVIL APPLICATION NO. 4466 OF 2023 IN RAST/4480/2023 ZILLA PARISHAD THROUGH ITS CHIEF EXECUTIVE OFFICER OSMANABAD AND ANOTHER GANESH PANDIT BETKAR AND OTHERS ....

Mr Pramod A. Kulkarni, Advocate; Mr S. V. Suryawanshi, Advocate h/f Mr S. S. Ramteke and Mrs Sharda Wandile, Advocate for Petitioners in respective Petitions ; Mr Ashutosh Kulkarni, Special Counsel a/w Mr A. B. Girase, G.P.; Mr M. M. Nerlikar and Mr S. K. Tambe, Addl. G.Ps.; Mr V. M. Kagne, Mr N. S. Tekale, Mr R. S. Wani, Mr B. M. Dhanure,

(52) Ms. Neha Kamble, Mrs V. N. Patil-Jadhav, A.G.Ps. for Respondent/State in respective Petitions;

Mr R. B. Bhosale, Mr S. W. Munde, Mr R. R. Bangar and Ms Nikita Gore, Standing Counsel for the Respondent/ Union of India in respective Petitions;

Mr A. D. Aghav, Advocate for Respondent/Z.P. Ahmednagar & Raigad in respective Petitions;

Mr S. B. Pulkundwar, Advocate for respondent/ Zilla Parishad Nanded in WP/4021/2021,WP/4023/2021, WP/4482/2021, WP/4483/2021, WP/4490/2021, WP/10493/2021, WP 10541/2021, WP 10546/2321, WP 10553/2021, WP 10449/2021, WP/10496/2023;

Mr S.B Pulkundwar, Advocate for Respondent/Zilla Parishad, Aurangabad in WP No. WP/4838/2020, WP/4845/2020, WP/4847/2020, WP/4863/2020, WP/4901/2020, WP/5237/2020, WP/5248/2020, WP/5419/2020, WP/5421/2020, WP/5432/2020, WP/5433/2020, WP/5434/2020, WP/5436/2020, WP/5439/2020, WP/5600/2020, WP/5602/2020, WP/5603/2020, WP/5609/2020, WP/6233/2020, WP/3702/2021, WP/3705/2021, WP/3706/2021, WP/3707/2021, , WP/4480/2021, WP/4484/2021, , WP/5492/2022, WP/10132/2022, WP/101/2020, WP/5036/2020, WP/5489/2022, WP/5490/2022, WP/5493/2022, WP/5506/2022; Mr S.B. Pulkundwar, Advocate for Respondent/Zilla Parishad, Hingoli in WP 6476/2022, WP 6475/2022;

Mr S.B. Pulkundwar, Advocate for Respondent/Zilla Parishad, Nagpur in WP No. 1517/2024;

Mr S.B. Pulkundwar, Advocate for Respondent/Zilla Parishad, Buldana in WP 1542/2024, WP 1541/2024 Ms Madhu More, Advocate h/f Mr P. R. Dahat, Advocate for Respondent in CP/142/2024;

Mr H. V. Patil, Advocate for Respondent/Z.P. Sangli in respective Petitions Mr P. D. Suryawanshi, Advocate for Respondent/Z.P. Beed in respective Petitions Mrs S. K. Doke, Advocate for Respondent/Z.P. Dharashiv in respective Petitions CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 30th August, 2024

(53) PER COURT:

1.

It is informed that Writ Petition Nos.832/2022, 10542/2021, 4358/2023 and 12083/2021, are not concerned with this group of Petitions involving the Ambulance Drivers. They are wrongly listed on the Board in this group of Petitions. As such, remove these four Writ Petitions from the board and list them on 13/09/2024.

2.

All these Petitioners are identically placed Ambulance Drivers. Considering the pleadings and the affidavit-in-reply filed by the Deputy Director, Health Services, Chhatrapati Sambhajinagar Circle, dated 04/07/2024, which is treated as a common reply in all these Writ Petitions, the record would indicate three situations, as under :- (a) In most of these matters, the Zilla Parishads have engaged contractual services of Ambulance Drivers directly; (b) In some cases, the Zilla Parishads have appointed the 'Rugna Kalyan Samiti' (especially Nandurbar and Jalgaon).

(54) (c) In some cases, these Ambulance Drivers have been engaged on contractual basis directly by the Chief Executive Officer of the Zilla Parishad or through a Contractor.

3.

We have perused the several orders and judgments delivered by this Court at the Principal Seat, at the Aurangabad Bench and at the Nagpur Bench. Under the orders of the Hon'ble the Chief Justice of the Bombay High Court, which is communicated by the learned Registrar (Judicial-1), Bombay High Court to the Registry of the Aurangabad Bench and the Nagpur Bench that, all these Writ Petitions have been clubbed along with the Civil Contempt Petitions. By the Administrative orders dated 06/10/2023, 31/10/2023 and 06/11/2023, all these matters have been transferred to the Aurangabad Bench as per the roaster assignment. Hence, all these matters are being listed before this Bench.

4.

In several hundreds of cases, this Court has concluded on the following issues :-

(55) (a) None of these contractual Ambulance Drivers would be entitled to claim regularization or permanency in the service, either in the State Government or in the Zilla Parishads. Of course, it would be open to the State Government, if they desire, to introduce a policy in the light of the Secretary, State of Karnataka and others Vs. Uma Devi (3) and others, [(2006) 4 Supreme Court Cases 1]; (b) The manner of payment of salaries of these contractual Ambulance Drivers would be continued as per the prevailing contractual arrangement between the Zilla Parishads and the Contractors or directly by the Zilla Parishads, as the case may be.

(c) These contractual Ambulance Drivers would be continued on contractual basis and would not be replaced by other contractual Drivers, in short, a contractual Ambulance driver would not be replaced by another contractual Ambulance Driver.

5.

A group of matters had also reached the Hon'ble Supreme Court in Special Leave Petition (Civ.) No.8395/2021, filed by the Chief Executive Officer Zilla Parishad, Solapur Vs. Ashok Dhondiba Meher and others, wherein the Hon'ble Supreme Court has delivered it's verdict on 23/03/2022,

(56) concluding that the only relief granted by the High Court to the private Respondents (the contractual Ambulance Drivers) is that, they should be paid the wages at the minimum of the pay-scale at the lowest grade, in the regular pay-scale extended to the regular employees holding the same posts.

6.

It is also concluded that the said benefit as ordered to be extended by the High Court, is in tune with the observations of the Hon'ble Supreme Court in State of Punjab and others Vs. Jagjit Singh and others, [(2017) 1 SCC 148]. It was further concluded that, it cannot be overlooked that, these private Respondents, though employed through Contractors, are discharging onerous duties of driving the Ambulances, which are operated to provide the benefit of public health to the citizens in the Primary Health Centres under the Zilla Parishads, which in turn, is discharging the obligations of the State. Therefore, in such circumstances, the minimum relief that has been granted by the High Court would not call for interference. 7.

The Hon'ble Supreme Court further held in paragraph No.10 that, the judgment dated 20/11/2019, delivered by the

(57) Nagpur Bench of the Bombay High Court in Dhiraj Sudhakarrao Wankhede and others Vs. The Zilla Parishad, Chandrapur and others (Writ Petition No.2247/2014), has been upheld. The said judgment was assailed before the Hon'ble Supreme Court in Special Leave Petition (Civil) bearing Diary No.12195/2020 and the said Special Leave Petition has been dismissed on 22/02/2021.

8.

Considering the order that we are passing today in the light of the earlier orders passed by this Court at the Principal Seat, Aurangabad Bench and the Nagpur Bench, and by the Hon'ble Supreme Court, the Contractors who have been impleaded in these matters, are rendered formal parties. 9.

This Court (Coram : Ravindra V. Ghuge and Sanjay A. Deshmukh, JJ.) has delivered an extensive order, dated 02/03/2023, in Review Application (Civ.) No.324/2022 in Writ Petition No.4490/2021 (Zilla Parishad, Nanded Vs. Shivgir Vitthal Giri and others) and along with a group of Review Petitions. After considering the various judgments/orders passed, it was recorded in paragraph Nos. 6 to 10 of the said order, as under :-

(58) "6.

With the assistance of the learned advocates, we have noted that the National Health Mission introduced the scheme for engaging Ambulance Drivers on contractual basis. The scheme was floated by the Union of India and 60% of the funds are to be granted by the Union of India. The Union of India, therefore, appears to be a necessary and answering Respondent. Same was not arrayed as a Respondent in the original Writ Petitions.

7.

We are also informed that the said scheme was in coordination with the Union of India and the State of Maharashtra, with 60% of the funds being generated by the Union of India and 40% being generated by the State of Maharashtra. There is no record placed before us, either in the Writ Petitions or even in the Review Petitions, that the Zilla Parishad was one of the funding agency in these matters, unlike the situation with the Chandrapur Zilla Parishad. 8.

A coordinate Bench at Nagpur in Writ Petition No.6025/2015 decided on 29.06.2017, has already dismissed the Writ Petition filed by such contractual ambulance drivers seeking regularization with the Zilla Parishad, Chandrapur. This is recorded by the learned Bench in it's judgment dated 20.11.2019 delivered in Writ Petition No.2247/2014 filed by Dhiraj Sudhakarrao Wankhede and others vs. The Zilla Parishad, Chandrapur and others (supra). Taking into account that Dhiraj Wankhede and others were identically placed, the learned Bench at Nagpur concluded in it's judgment dated 20.11.2019 that they would be entitled to the same protection of drawing minimum pay scale at the lowest grade in the regular pay scale available to the regular employees. The prayer for regularization was rejected. Insofar as the terminated ambulance drivers were concerned, the Court ruled that they would not be entitled for the benefits of the said judgment and the said benefits would be extended even to the similarly situated inservice contractual drivers, who have not approached the Court.

(59) 9.

In another batch of Writ Petitions bearing Writ Petition (stamp) No.92250/2020 filed at the Principal Seat by Nagendrayya Panchalingayya Hiremath and others (supra) and connected group of matters, the learned Division Bench delivered a common order on 08.12.2020 taking into account the law laid down by the Nagpur Bench in Dhiraj Wankhede (supra). It was pointed out to the learned Division Bench that the Zilla Parishad, Solapur, was receiving the services of the contractual drivers, who are employees of the S.P. Securities Services Private Limited. The drivers were never appointed by the Solapur Zilla Parishad. Based on Dhiraj Wankhede (supra), the petitions were disposed off and the drivers were granted similar minimum pay scale at the lowest grade in the regular pay scale, which is extended to the regular employees holding the same posts, with effect from the date of petitions. 10.

All these orders i.e. Dhiraj Wankhede (supra) and Nagendrayya Panchalingayya Hiremath (supra), are sustained by the Honourable Supreme Court, is what is conveyed to us by the learned advocate for the petitioners.

10.

It has been noted in all earlier orders by this Court that, it was in the case of Chandrapur Zilla Parishad, wherein a tender was floated for engaging contractual Ambulance Drivers. Few other Zilla Parishads had neither floated any such tender, nor signed any contract or the appointment order. 11.

The learned Counsel Shri. Ashutosh Kulkarni, Special Counsel for the Respondent/State of Maharashtra, assisted by the

(60) Additional Government Pleader Shri. M. M. Nerlikar, submits that, none of these Ambulance Drivers have been directly engaged by the State Government. Since they were engaged under a scheme floated by the Union of India under the National Health Mission, with 60% funding by the Union of India and 40% funding by the State of Maharashtra, there is no burden cast upon the State of Maharashtra to treat these Ambulance Drivers as employees of the State Government. He further submits that, there are several Contractors like Ashkom Medin India Private Ltd., Laxmidatta Solutions Private Limited, Rugna Kalyan Samiti (Medical Board), Winsol Solution Private Ltd., etc. etc. The salaries of the Ambulance Drivers have to be paid through such Contractors.

12.

The learned Advocates representing the contractual Drivers submit that, there are several instances, wherein it is noticed that the Contractors are not paying the minimum payscales at the lowest grade, in the regular pay-scale extended to the regular employees holding the same posts. According to them, the Contractors are receiving certain amounts under the scheme

(61) and the amount, as is directed by the Hon'ble Supreme Court, vide the order dated 23/03/2022, in the case of Ashok Dhondiba Meher (supra), are not being paid to these employees. 13.

It is in this backdrop that, several Contempt Petitions have been filed and which have already been clubbed along with these Writ Petitions listed before this Court. The learned Advocates submit that, as there was disobedience of the directions of this Court, as well as of the Hon'ble Supreme Court, the Petitioners had no option, but to file the Contempt Petitions. 14.

It is further canvased that the State Government cannot say that, it does not have funds and lack of funds cannot be a ground for not paying the salaries to these Petitioners as per the directions of this Court and the Hon'ble Supreme Court. It is pointed out by the learned Advocates that, in the case of Solapur Zilla Parishad's Drivers, the salaries have not been paid for almost 18 months. A similar precarious situation is faced by several Drivers working with various Zilla Parishads in the State of Maharashtra. The learned Advocates for the Zilla Parishads before us submit that, in some cases, the Zilla Parishads are

(62) scrupulously following the directions of this Court, as well as of the Hon'ble Supreme Court in Ashok Dhondiba Meher (supra). 15.

At the cost of repetition, none of these Ambulance Drivers can claim regularization in view of Dhiraj Sudhakarrao Wankhede (supra). All of them before this Court are primarily seeking the payment of their monthly salaries, as is directed by the Hon'ble Supreme Court in paragraph No.10 of Ashok Dhondiba Meher (supra). We find from the innumerable orders passed by this Court at the Principal Seat and various Benches that, the minimum of the pay-scale at the lowest grade in the regular pay-scale extended to the regular employees holding the same posts, is required to be paid.

16.

The learned Special Counsel Shri Ashutosh Kulkarni has canvassed that, some of these cases are distinguishable in the backdrop of the orders passed at the Principal Seat and it's Benches. We have perused the affidavit-in-reply and having considered the submissions of the learned Counsel Shri. Kulkarni and Shri Nerlikar, we are of the view that, there are no such circumstances, which would convince us to take a different view

(63) in these matters, when several hundreds of Ambulance Drivers are being paid the minimum pay-scale at the lowest grade in the regular pay-scale extended to the regular employees performing the same duties. It has already been held in Chief Conservator of forests & anr. Vs. Jagannath Maruti Kondhare, AIR 1996 SC 2898, by the Hon'ble Supreme Court that, the State cannot argue that it does not have funds to pay wages at par with the regular employees performing identical duties, on the principle of "Equal wages for equal work".

17.

Shri. Ashutosh Kulkarni has submitted that, Jagjit Singh (supra), would not be applicable in these cases. We are unable to agree with the learned Counsel, for the reason that, "Equal wages for equal work" is a time tested principle which has been sustained over the last six decades.

18.

In Jagannath Maruti Kondhare (supra), the Hon'ble Supreme Court concluded that, firstly, funds being unavailable, cannot be a ground for non payment of salaries on the principle of "Equal pay for equal work", and secondly, if sanctioned vacant posts are not available, in a given case,

(64) regularization may not be available. However, there can be no excuse for the State in not paying wages on parity by considering the identical nature of work being performed by the contractual employees qua the regular employees.

19.

The learned Advocates for the contractual Ambulance Drivers point out from the order dated 02/03/2023, passed by us in Shivgir Vitthal Giri (supra), wherein we have concluded in paragraph Nos.15 to 18 as under :- "15.

It is pointed out to us by the learned advocate for the original Petitioners that there is a recent development in the nature of the earlier contractor, namely, Ashkom Media India Private Limited having suffered termination of contract. At the same time, another contractor, who stepped in place of the former, namely, Laxmidatta Solutions Private Limited, has also suffered cancellation of the contract. For the present, the Government of Maharashtra through it's Directorate of Health Services has issued the communication dated 24.01.2023 to the District Health Officers of all the Zilla Parishads that all the Zilla Parishads should submit details of salaries payable to the contractual drivers. A specific format/chart has been supplied, which also includes the GST to be levied. The Zilla Parishads are called upon to state the quantum of funds that they would require to pay monthly salaries of these ambulance drivers, directly through the Zilla Parishads.

16.

We, therefore, direct that the minimum pay scale at the lowest grade in the regular pay scale extended to regular

(65) employees holding the same ambulance driver post, shall be paid to the Petitioners until further orders in their Writ Petitions. So also, their services shall not be terminated without leave of the Court, only in relation to their contractual employment.

17.

Since the petitioners have not been paid salaries for periods ranging between 12 to 15 months, keeping in view the communication by the State of Maharashtra through the Joint Director of Health Services dated 24.01.2023, the concerned Zilla Parishads would intimate to the Joint Director of Health Services, Mumbai, as regards the quantum of unpaid salaries of these ambulance drivers. The chart annexed to the communication dated 24.01.2023, shall be filled in by the Zilla Parishads and shall be tendered to the Joint Director of Health Services, Mumbai, within 10 (ten) days from today. 18.

Considering the communication dated 24.01.2023 issued by the Joint Director to all the District Health Officers of the Zilla Parishads, we expect the Directorate of Health Services to initiate immediate steps to ensure that monthly salaries of these drivers are paid beginning from the month of March, 2023. Needless to state, as the contractors had deployed these Petitioners and since their contracts have been terminated, their further bills shall not be cleared without the leave of our court."

20.

In view of the above, the Agency, meaning the Zilla Parishad or the Contractor, will have to make the assessment of the arrears of such payments from the dates of filing of the Writ Petitions, and accordingly, make such payment to these

(66) Ambulance Drivers, if not in lump-sum, at least in a staggered manner viz. in twelve equated monthly installments. 21.

In view of the above, all these Writ Petitions are partly allowed, with following directions :- (a) The service conditions applicable to these Petitioners would be maintained as long as the scheme lasts. (b) The contractual employees shall not be replaced by new contractual employees, either by the Contractor or by the Principal employer. These directions of not to be replaced with another contractual employee, would be restricted only to the contractual working of such Drivers, and in the event of any misconduct/misdemeanor/death of the employee or any such reasons, the Principal Employer/the Contractor would be at liberty to seek services of new Ambulance Drivers. If there are certain contractual Ambulance Drivers, who have earlier worked, and are not engaged as on date, preference may be granted to them, if any replacement is to be effected.

(67) (c) Considering the grave and serious complaints about Contractors not paying the wages to these Petitioners on the principle laid down by the Hon'ble Supreme Court in Ashok Dhondiba Meher (supra), we deem it appropriate to direct the Principal Employer to directly make the payments of these contractual Ambulance Drivers, vide Bank transactions in their salary Bank Accounts. Such payment shall not be a ground for alleging that the contract is sham and bogus and no employer/employee relationship would be deemed to be established between such Ambulance Drivers vis-a-vis the Zilla Parishad or the Principal Employer.

(d) If any of the contractual Ambulance Drivers have been terminated or disengaged, they are at liberty to raise an industrial dispute under the provisions of the Industrial Disputes Act, 1947 and carry a reference to the Industrial Tribunal/Labour Court, as the case may be, in the light of the law laid down in Vividh Kamgar Sabha vs. Kalyani Steels Ltd. And Anr., [2001 (2) SCC 381]; Cipla

(68) Ltd. Vs. Maharashtra General Kamgar Union and Ors., [2001 (3) SCC 101] and the judgment of the Hon'ble Supreme Court (5 Judges Bench) in Steel Authority of India Ltd. and Others Vs. National Union Water Front Workers and Others, dated 30/08/2001, reported in [AIR 2001 SC 3527].

(e) The conclusions of this Court in Dhiraj Sudhakarrao Wankhede (supra), which have been sustained by the Hon'ble Supreme Court, would not come in way of the State Government in framing a scheme in view of the judgment of the Hon'ble Supreme Court in Secretary, State of Karnataka v/s Umadevi (supra), if so desired by the State Government.

(f) Since we have directed the Zilla Parishads or the State Government or the Rugna Kalyan Samiti (Medical Board), as the case may be, to directly pay the salaries to these contractual employees, it would be within the domain of the Principal Employer, to adjust these amounts as

(69) against the bills of the Contractors and also by adjusting the service charges.

22.

At the request of the learned Special Counsel Shri Ashutosh Kulkarni, along with the Additional Government Pleader Shri. Nerlikar, list all the Contempt Petitions on 10/09/2024.

23.

Pending Civil Applications would not survive and the same stand disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk